The Research On Wrongful Birth And Wrongful Life Torts In United States

Wrongful birth and wrongful life is newly emerging on the U.S. case law tort cause of action, is in prenatal genetic counseling and testing, the doctors for negligence does not provide the right information, so that people with serious genetic birth defect, parents or baby bear any responsibility for the doctors of a class of prenatal litigation. China's current judicial practice, there have been many cases like this, but the issue of domestic academic research for almost a blank state. In this paper, was born in close contact with the illegal and unlawful infringement for the study of life, with historical analysis, case analysis and detailed comparative analysis of birth and U.S. law on the lawless infringement of life history and development, and application of the law there is a typical case of controversial issues in order to provide the judicial practice of China's new law applies to ideas.In addition to this introduction and conclusion, the total is divided into four parts.The first part, I was born and lawless life of criminal infringement of the concept of prenatal upper infringement outlined. Prenatal damage relief and general tort important difference is related to the rights of the unborn child harm, so this paper describes the development of prenatal tort apart from the judicial practice in the United States to clarify the formation started on the right when the unborn child the three recognized standards. Then, based on the development of prenatal torts damage remedies, the author reviews the concept, characteristics and classification of prenatal torts. The classification to which prenatal tort tort-feasor's special status and the incidence of fetal damages due to standards, and leads to the object of this study—wrongful birth tort and wrongful life tort. Finally, the author of this study's definition, links and differences and characteristics are described in detail.The second part, the author focuses on the U.S. tort law on the judicial application of the wrongful birth, First, the author reviews the history and development wrongful birth tort:do not want recognition from the administration of justice to the wrongful birth case by the Roe decision and the impact of informed consent theory, wrongful birth is recognized as a trend was born. Secondly, I selected the Alabama State Supreme Court in Washington and the first recognized cases of wrongful birth in order to be introduced. Washington is also recognized in Harbeson case the wrongful birth and wrongful life causes of action, and Alabama in the Keel spelled out the wrongful birth tort was born in the controversial issue of infringement: causation, damages, and policy considerations. Again, the author details the wrongful birth on U.S. law tort causes of action elements, namely, the obligation and duty of care standards, breach of duty, proximate cause and damages. Among them, the controversial elements of proximate cause and damages were also in this section focus on analysis, and introduced the current mainstream view. Finally, on the wrongful tort damages of birth controversy, the paper's most controversial child support payments and compensation for mental damages two, the focus on. Compensation for child support payments, I believe that "the benefit rule" can not apply; compensation for moral damage, I tend to use a bystander theoretical limit of compensation for moral damage.The third part, the author describes wrongful life of U.S. law tort law applies. First, the author reviews the history and development of wrongful life tort. Currently, only four states recognized the tort lawless life, and only allow compensation for special expenses. Secondly, I selected the first time in California and Washington, the High Court case recognized wrongful life cause of action to be introduced. California Turpin case after the criminal sentence is life recognized the main basis for wrongful life. Again, I dismissed wrongful life for two main reasons for complaints were Analysis. I believe that the dismissal of wrongful life, the reasons for dismissed were not substantiated, and in the end of this section provides a method of calculating damages. At last, I was wrongful birth and wrongful life torts compensation relations were discussed. At the first, I review the United States on wrongful birth and wrongful life torts compensation status. Compensation point of conflict between the two is that children with disabilities and special expenses related to compensation. Secondly, I explored the health care system is not in sufficient conditions, both dealing with the relationship between compensation and compensation:1, special damages should be compensated for wrongful birth and wrongful life suits;2. A General Bar on Damages for Emotional Distress;3. Exception:Damages for Emotional Distress Should Be Awarded to Parents in Cases of Imminently Fatal DiseaseThe fourth part, I examine the instances of wrongful birth and wrongful life claims in our country. Secondly, I learn from the U.S. judicial practice of law, analysis wrongful birth and wrongful life of the four elements of tort liability, with a view to China's handling of similar cases to provide a clear tort of the law applicable to the relevant ideas.